Cayne Miceli's death in jail restraints was not a crime, prosecutor says

The Orleans Parish district attorney's office has decided not to pursue criminal charges in the 2009 death of an inmate who died after having spent four hours in five-point restraints at the city's jail, an office spokesman said Tuesday.

View full sizeMichael DeMocker, The Times-Picayune archiveA prisoner is shown to a holding cell in the intake section of Orleans Parish Prison.

Cayne Miceli, 43, of New Orleans, had a history of chronic asthma, panic attacks and depression when booked into the New Orleans jail Jan. 4 on municipal charges of disturbing the peace for alleging biting a security guard who was trying to forcibly remove her from the Tulane Medical Center.

Miceli never regained consciousness after she arrived at University Hospital Jan. 5 from the jail and was later taken off life support.

Her family has filed a federal civil rights lawsuit alleging jailers actions caused her death, but the DA's office determined there was no criminal wrongdoing by Sheriff Marlin Gusman and his staff in handling Miceli.

"Cayne Miceli's death was caused neither by criminal negligence nor any intentional acts," said Christopher Bowman, spokesman for DA Leon Cannizzaro. "The DA's office performed a thorough investigation."

Mike Miceli, the father of Cayne Miceli, and her two sisters, Cristy Richmond and Sophia Miceli, said in a statement Tuesday that they will continue seeking "accountability" for those at the jail who "caused the tragic and terrible death of Cayne."

"We are disappointed at this news, as we believe that criminal prosecution is warranted and justified in this case," the family said. "We also believe that there will continue to be unnecessary, avoidable and, in some instances, criminally related deaths of persons held at the jail, unless there is rigorous and genuine oversight, investigation and enforcement of the law by outside agencies."

Before arriving at the jail, Miceli had spent seven hours in the emergency room for an asthma attack and was upset that doctors were trying to discharge her, according to a lawsuit filed by her family at U.S. District Court that accuses Gusman and his staff of causing her death by keeping her in five-point restraints despite her pleas that she could not breathe.

Historically, the Orleans DA's office picks and chooses when it investigates inmate deaths. That's a poor policy, said civil rights attorney Mary Howell, who is representing the Miceli family.

"All these deaths need to be examined for the possibility that there have been criminal violations," said Howell. "Frankly, they should be doing this with all of them."

The nurses and doctors overseeing the jail knew or should have known of Miceli's asthma condition and her recent treatment for her asthma crisis, Howell wrote in the lawsuit.

Early into her jail stay, while confined to a "lockdown cell," Miceli tried to hang herself by tying her jail-issued jumpsuit around a speaker box on the wall.

On telephone orders from Dr. Marcus Dileo, a nurse had Miceli put in five-point restraints -- meaning she was placed flat on her back on a metal bed and tied down with restraints on each arm and leg, with a fifth restraining belt strapped across the chest -- according to the family's lawsuit.

Dileo's orders were to have Miceli kept strapped down for nine hours, the lawsuit says.

Deputies made notes that Miceli was "cursing, crying, yelling or screaming from 1:15 a.m. until 2:30 a.m.," and that she "alleges she's having trouble breathing" followed by a comment that Miceli was trying to get out of the restraints.

About 2:25 a.m. Jan. 5, deputies discovered that Miceli had torn free one wrist and one foot from the restraints, and held her down while they tried to strap her back down, the lawsuit says. Miceli went limp and by 3:12 a.m had arrived at University Hospital, where she was diagnosed with hypoxic brain injury, cardiac arrest and asthma.